Just weeks ago, we reported that the College Sports Commission (CSC) would be ramping up investigations into unreported third-party NIL agreements. The CSC has since made good on that promise. On January 30, The Athletic reported that Louisiana State University’s (LSU) athletic director, Verge Ausberry, received an email from the CSC’s head of investigations, Katie B. Medearis, informing the institution that they were under investigation regarding potential failure to report multiple third-party NIL deals.  

Ausberry received the CSC’s email on January 15, which represented the tail-end of an active football transfer portal window f

or LSU. However, The Athletic has reported that the investigation is not related to the football program. While this LSU investigation represents the first known investigation by the CSC, a CSC spokesperson stated that the commission “has reached out to several schools to inform them of investigations into unreported NIL deals.”

During the window of this year’s football transfer portal, the CSC issued additional guidance, aimed particularly at deals between a school’s multimedia rights (MMR) partners and student-athletes. This guidance required disclosure of contracts between student-athletes and MMR partners, even if the MMR partner intended to find other sponsors to pay for and activate the NIL. It is unclear whether the investigations initiated at LSU or the other schools notified by the CSC relate to unreported MMR agreements.

On February 2, CBS reported that LSU had resolved its inquiry with the CSC and that no disciplinary action would be taken against the institution.

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Photo of Callan G. Stein Callan G. Stein

Cal’s broad litigation and investigation practice encompasses white collar criminal matters, corporate and commercial civil litigation, internal investigations, and health care litigation. Cal frequently represents and advises higher education clients, particularly in areas related to collegiate athletics and Name, Image, and Likeness (NIL)

Cal’s broad litigation and investigation practice encompasses white collar criminal matters, corporate and commercial civil litigation, internal investigations, and health care litigation. Cal frequently represents and advises higher education clients, particularly in areas related to collegiate athletics and Name, Image, and Likeness (NIL) rights and compliance. Cal provides NIL compliance advice and internal investigation services to major universities, including those that participate in Division I football and basketball, and likewise advises schools on athletics contracts, conference affiliations, conference realignment, and other NCAA-related issues. Cal also represents and advises businesses on NIL contracts, as well as NIL collectives on formation and compliance matters. Cal hosts the firm’s “Highway to NIL” podcast that discusses the legal landscape and developments in the area of NIL law.

Photo of Michael S. Lowe Michael S. Lowe

As a seasoned former federal prosecutor in Philadelphia and Los Angeles, Michael provides unique insights and practical guidance to clients facing investigation or prosecution for allegations of fraud and other financial crimes and civil False Claims Act suits. Michael is experienced in the

As a seasoned former federal prosecutor in Philadelphia and Los Angeles, Michael provides unique insights and practical guidance to clients facing investigation or prosecution for allegations of fraud and other financial crimes and civil False Claims Act suits. Michael is experienced in the NIL and higher education space. He currently represents an NCAA Division I athletic conference in connection with the settlement of the House antitrust litigation, as well as NIL issues and conference policies and procedures. He also has provided advice to an NCAA Division I university in connection with NIL and has experience with investigations of potential NIL violations. In addition to representing clients in this area, Michael frequently writes, speaks, and presents on cutting-edge NIL issues.

Photo of Christopher M. Brolley Christopher M. Brolley

Chris concentrates his practice on federal and statewide product liability litigation through his representation of pharmaceutical and medical device companies involving mass tort, personal injury, and wrongful death claims across the U.S. He also represents clients at the state and federal level in…

Chris concentrates his practice on federal and statewide product liability litigation through his representation of pharmaceutical and medical device companies involving mass tort, personal injury, and wrongful death claims across the U.S. He also represents clients at the state and federal level in matters ranging from breach of contract and corporate governance to data privacy and security. Chris advises higher educational institutions of all sizes, including colleges and universities, on Name, Image, and Likeness (NIL) compliance issues. He provides comprehensive guidance on permissible and impermissible NIL activities and navigating state NIL laws, NCAA Bylaws, and other NCAA policies. Chris creates and implements tailored strategies for mitigating the potential risk of NCAA and state attorney general enforcement activity. He co-hosts the firm’s Highway to NIL podcast that discusses the legal landscape and developments in the area of NIL law.

Photo of Brett Broczkowski Brett Broczkowski

Brett is an associate in the firm’s Health Sciences Department, resident in the Philadelphia office. In addition to his pharmaceutical practice, Brett assists and advises NCAA Division I conferences and educational institutions on matters relating to the compensation for use of student athletes’…

Brett is an associate in the firm’s Health Sciences Department, resident in the Philadelphia office. In addition to his pharmaceutical practice, Brett assists and advises NCAA Division I conferences and educational institutions on matters relating to the compensation for use of student athletes’ name, image, and likeness (NIL).